IRP Registration Sanctions Best Practices for the Various Types of FMCSA OOS Orders

Background –Three Potential Elements to IRP Registration Sanctions Under PRISM 1.Denial based on FMCSA OOS Status Discovered During Renewal or When a Carrier Attempts to Add a Vehicle 2.Issuance of a Suspension Order by the State based on FMCSA OOS Status 3.Physical Retrieval of Plates

Best Practices for the Various Types of FMCSA OOS Orders Historical PRISM Policy/Procedure 1.Concurrent Hand-Delivery Service of Federal OOS Order and State Suspension Notice 2.State Officer Retrieved Available Plates at the Scene

Best Practices for the Various Types of FMCSA OOS Orders When Original PRISM Policy Was Developed, Very Few Federal OOS Orders Were Issued Because of Limited Federal Authority –“ Imminent Hazard” Authority Only Immediate OOS Order at Compliance Review Close-Out Extremely Rare As of 10/31/2005, there are six (6) carriers on the National census under this type of Federal OOS Order

Best Practices for the Various Types of FMCSA OOS Orders Congress Has Provided New Authorities and a Significant Increase in the Number of Federal OOS Orders Issued Has Occurred Since Original PRISM Policies/Procedures Were Developed –Some Federal OOS Orders may not have a Safety “Nexus” –The Duration of the OOS Orders May be Short

Best Practices for the Various Types of FMCSA OOS Orders Newer Federal OOS Authorities Final Unsatisfactory Safety Rating –Shut down if carrier fails to improve a proposed unsatisfactory safety rating within 45/60 days –Safety Nexus Exists –In Effect Until Unsatisfactory Rating is Lifted –As of 10/31/05, there are 661 carriers on the National census under this type of Federal OOS Order

Best Practices for the Various Types of FMCSA OOS Orders Newer Federal OOS Authorities Failure to Pay Federal Fines Shut down if carrier fails to pay fine within 90 days of a Final Agency Order Safety Nexus May Not Be Present In Effect Until Carrier Pays Fine As of 10/31/05, there are 1,169 carriers on the National census under this type of Federal OOS Order

Best Practices for the Various Types of FMCSA OOS Orders Newer Federal OOS Authorities Failure of a New Entrant Audit, OR Failure to Submit to a New Entrant Audit –In effect for 30 days –Safety Nexus for Failed Audits –No Safety Nexus for Failure to Submit to Audit –As of 10/31/05, there are 5,108 carriers on the National census under this type of Federal OOS Order

What is the Best Approach or Minimum Standard For Registration Sanctions With The Various Federal OOS Orders? Suggestions or Proposals?

OOS REASONDENY PLATE RENEWAL ISSUE SUSPENSION NOTICE PHYSICALLY RETRIEVE PLATES Final Unsatisfactory Rating YES When/if discovered operating at the roadside. Or, when OOS order/State suspension is hand delivered. Failure to Pay Federal Fines YESWhen evidence exists that the carrier has continued to operate. When/if discovered operating at the roadside. Or, when/if OOS order/State suspension is hand delivered. Failing New Entrant Audit YES When/if discovered operating at the roadside. Or, when/if OOS order/State suspension is hand delivered. Carrier not allowing a New Entrant Safety Audit to be conducted YESWhen evidence exists that the carrier has continued to operate. When/if discovered operating at the roadside. Imminent HazardYES When/if discovered operating at the roadside. Or, when/if OOS order/State suspension is hand delivered.